NATIONAL COUNCIL ON HIGHER EDUCATION ACT 1996

a University or University College established under the Universities and University Colleges Act 1971

[Act 30]; or

a private higher educational institution with the status of a University or University College, a branch campus thereof and a branch campus of a foreign University or

University College, established under the Private Higher

Educational Institutions Act 1996;

*NOTE—See the Ministers of the Federal Government (No.3) Order 2021 [P.U. (A) 383/2021].

National Council on Higher Education 7

“Vice-Chancellor”—

in relation to a University means the Vice-Chancellor,

President, Rector or Director of the University and includes any other person, by whatever name called, who has been appointed as the chief executive officer of the University; and

in relation to a University College shall be read as a reference to the appropriate authority of the University

College.

the Minister as Chairman;

the Secretary General of the Ministry of *Higher Education or his representative;

the Director General of *Higher Education or his representative;

the Secretary General of the Ministry of Finance or his representative;

the Director General of the Economic Planning Unit of the Prime Minister’s Department or his representative;

*NOTE—See the Ministers of the Federal Government (No.3) Order 2021 [P.U. (A) 383/2021].

8

Act 546

the Attorney General or his representative;

three Vice-Chancellors of any of the Universities and

University Colleges established under the Universities and University Colleges Act 1971;

not more than two persons who are the chief executive officers of any private higher educational institution;

and

not more than three persons who, because of their knowledge and experience, would in the opinion of the

Minister be of assistance to the Council.

Temporary exercise of function of Chairman

and (i) shall be made by the Minister and, subject to sections 7

and 11, shall be for a period not exceeding three years and every member so appointed shall, on ceasing to be a member, be eligible for reappointment.

Disqualification from being a member

a person who has been convicted of an offence involving fraud, dishonesty or moral turpitude;

*NOTE— See the Ministers of the Federal Government (No.3) Order 2021 [P.U. (A) 383/2021].

National Council on Higher Education 9

a bankrupt; and

a person of unsound mind or is otherwise incapable of discharging his duties.

Cessation from being a member

and (i) shall cease to be a member—

if he fails to attend three consecutive meetings of the

Council without leave of the Chairman of the Council; or

if his appointment is revoked.

Vacancy

to plan, formulate and determine national policies and strategies for the development of higher education;

10

Act 546

to co-ordinate the development of higher education;

to promote and facilitate the orderly growth of institutions of higher education;

to determine policies and set criteria for the allocation of funds to higher educational institutions;

to determine policies relating to the entry of students to higher educational institutions;

to determine policies and set guidelines on matters pertaining to the salary structure and personnel management system of Universities and University Colleges established under the Universities and University Colleges Act 1971;

to determine policies and set guidelines on fee structure;

to determine policies and set guidelines on the areas or courses of study to be undertaken by higher educational institutions;

to determine policies and set guidelines on the conduct of any course of study or training programme by higher educational institutions jointly or in association, affiliation, collaboration or otherwise, with any University or institution of higher education or other educational institution or organization within or outside Malaysia;

to determine policies and set guidelines on the involvement in business activities by Universities in accordance with the powers conferred under the Universities and

University Colleges Act 1971; and

to take such actions or do such things as it deems fit or necessary to enable it to carry out its functions and powers effectively.

Upon the formulation and determination by the Council of the national policies, strategies and guidelines in relation to its functions under paragraphs (1)(a) to (k), the Minister shall implement the policies, strategies and guidelines accordingly.

National Council on Higher Education 11

A committee shall consist of such number of persons as may be appointed by the Council from among its members.

Notwithstanding the provision of subsection (2), the Council may invite any person or a representative of any organization to advise a committee established under subsection (1) in the carrying out of its functions.

A person appointed under subsection (2) or invited to be a member of a committee under subsection (3) may be paid such allowances as may be determined by the Minister.

Council to determine its own procedure

The Chairman and four other members of the Council shall form a quorum at any meeting of the Council.

If on any question to be determined by the Council there is an equal division of votes, the Chairman or member presiding shall have a casting vote in addition to his deliberative vote.

12

Act 546

Declaration of beneficial interest